The football club played in a league operated by the first defendant, which sought a stay of an application for relief from unfair prejudice, saying their was a binding obligation for the complaint to be referred to arbitration.
Held: ‘the court controlled by statute the creation and extinction of a company and also attended to it during its mid-life crises.’ The court refused to regard the right to petition for unfair prejudice under section 459 as capable of being the subject of an arbitration.
Judges:
Weeks QC, J
Citations:
Times 12-Feb-2004, Gazette 04-Mar-2004
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – A Best Floor Sanding Pty Ltd v Skyr Australian Pty Ltd 1999
(Australia) The right of a contributor to a company to take his application for a winding up of the company to court could not be ousted by agreement btween the parties. . .
Cited – In re Magi Capital Partners LLC 2003
The court stayed a petition under the section to allow for an arbitration. . .
Cited – In re Vocam Europe Ltd 1998
The applicant was entitled to stay an application for a winding up of the company where it had been agreed that such a dispute would be referred to arbitration. The claimant had argued that a stay should not be given because an arbitrator would not . .
Cited by:
Cited – Halpern and Another v Halpern and others ComC 24-Mar-2006
The deceased parents, being orthodox Jews, had first made standard wills and then made provision accoding to Jewish law. A dispute after the second death was referred to a Beth Din arbitration. After an initial resolution, various distributions were . .
Lists of cited by and citing cases may be incomplete.
Contract, Insolvency
Updated: 27 June 2022; Ref: scu.193476
